Bill Text: TX SB285 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to exempting certain judicial officers from certain requirements for obtaining or renewing a concealed handgun license and to the authority of certain judicial officers to carry certain weapons.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-05 - Committee report sent to Calendars [SB285 Detail]
Download: Texas-2011-SB285-Engrossed.html
By: Harris | S.B. No. 285 |
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relating to exempting certain judicial officers from certain | ||
requirements for obtaining or renewing a concealed handgun license | ||
and to the authority of certain judicial officers to carry certain | ||
weapons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivision (1), Subsection (a), Section | ||
411.201, Government Code, is amended to read as follows: | ||
(1) "Active judicial officer" means: | ||
(A) a person serving as a judge or justice of the | ||
supreme court, the court of criminal appeals, a court of appeals, a | ||
district court, a criminal district court, a constitutional county | ||
court, a statutory county court, a justice court, or a municipal | ||
court; [ |
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(B) a federal judge who is a resident of this | ||
state; or | ||
(C) a person appointed and serving as a master, | ||
magistrate, referee, or associate judge under Chapter 54 of this | ||
code or an associate judge under Chapter 201, Family Code. | ||
SECTION 2. Subsection (a), Section 46.15, Penal Code, is | ||
amended to read as follows: | ||
(a) Sections 46.02 and 46.03 do not apply to: | ||
(1) peace officers or special investigators under | ||
Article 2.122, Code of Criminal Procedure, and neither section | ||
prohibits a peace officer or special investigator from carrying a | ||
weapon in this state, including in an establishment in this state | ||
serving the public, regardless of whether the peace officer or | ||
special investigator is engaged in the actual discharge of the | ||
officer's or investigator's duties while carrying the weapon; | ||
(2) parole officers and neither section prohibits an | ||
officer from carrying a weapon in this state if the officer is: | ||
(A) engaged in the actual discharge of the | ||
officer's duties while carrying the weapon; and | ||
(B) in compliance with policies and procedures | ||
adopted by the Texas Department of Criminal Justice regarding the | ||
possession of a weapon by an officer while on duty; | ||
(3) community supervision and corrections department | ||
officers appointed or employed under Section 76.004, Government | ||
Code, and neither section prohibits an officer from carrying a | ||
weapon in this state if the officer is: | ||
(A) engaged in the actual discharge of the | ||
officer's duties while carrying the weapon; and | ||
(B) authorized to carry a weapon under Section | ||
76.0051, Government Code; | ||
(4) an active judicial officer as defined by Section | ||
411.201, Government Code, [ |
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handgun under Subchapter H, Chapter 411, Government Code; | ||
(5) an honorably retired peace officer or federal | ||
criminal investigator who holds a certificate of proficiency issued | ||
under Section 1701.357, Occupations Code, and is carrying a photo | ||
identification that: | ||
(A) verifies that the officer honorably retired | ||
after not less than 15 years of service as a commissioned officer; | ||
and | ||
(B) is issued by a state or local law enforcement | ||
agency; | ||
(6) a district attorney, criminal district attorney, | ||
county attorney, or municipal attorney who is licensed to carry a | ||
concealed handgun under Subchapter H, Chapter 411, Government Code; | ||
(7) an assistant district attorney, assistant | ||
criminal district attorney, or assistant county attorney who is | ||
licensed to carry a concealed handgun under Subchapter H, Chapter | ||
411, Government Code; | ||
(8) a bailiff designated by an active judicial officer | ||
as defined by Section 411.201, Government Code, who is: | ||
(A) licensed to carry a concealed handgun under | ||
Chapter 411, Government Code; and | ||
(B) engaged in escorting the judicial officer; or | ||
(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
covered by the law in effect when the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. |